The concept of existential minimum is crucial in legal matters, particularly in safeguarding basic rights and upholding a decent standard of living.
This text will discuss the concept of existential minimum, including its inception, significance, computation, and its connection to principles like the reserve of the possible and the Law of Superindebtedness.
What does Minimum Existential mean?
The existential minimum refers to a collection of essential rights that ensure basic necessities for a decent life, like healthcare, food, education, and shelter.
This idea extends beyond basic survival needs and encompasses social and cultural elements that enable individuals to thrive within society.
It’s important to not just provide food for a family in need but also to make sure that their children go to school, encouraging inclusivity and equal chances for all.
When did the start of the Existential Minimum occur?
The idea of existential minimum originated in Germany, aiming to ensure individuals’ subjective entitlement to human dignity.
The concept emerged as the Social State became stronger and started to focus on safeguarding vulnerable individuals.
The first time the principle was addressed in Brazilian law was in 2004 by the Supreme Court (STF) in the case known as ADPF 45, with Minister Celso de Mello as the rapporteur.
The concept that the government should guarantee basic necessities for human dignity takes precedence over financial constraints in this situation.
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What is the significance of the Existential Minimum?
The existential minimum is not just a legal term but also a financial amount tied directly to a dignified standard of living.
In 2023, the President of the Republic, Luiz Inácio Lula da Silva, increased the minimum wage from R$ 303 to R$ 600 per month by signing Decree No 11.567.
This sum should be allocated to cover essential costs like water and electricity, guaranteeing that overlooked individuals can sustain basic living standards.
How is the minimum existential determined?
In Brazil, the determination of the minimum wage became more defined with Decree no. 11.567/2023, setting the amount at R$ 600.00 monthly.
Before this ruling, the existential minimum amount was R $ 303,00, but it faced significant criticism for not being enough to cover basic necessities.
The new decree removed the old regulation that blocked value adjustments when the minimum wage increased, allowing for future updates that better reflect the country’s economic situation.
This computation is crucial when applying the Superinvited Law, which mandates that debt restructurings must ensure the basic needs of the individual and their family are maintained.
Legislation aims to safeguard consumers from severe financial vulnerability scenarios.
Existential Minimum versus Potential Reserve – Explained
The ideas of existential minimum and reserve of the possible, while related, have significant distinctions.
- Basic rights that ensure human dignity: Minimum Existential.
- State legal and financial constraints may hinder the implementation of public policies.
The Supreme Court determined that the state cannot excuse its failure to safeguard the existential minimum by citing potential reserves, as demonstrated in ADPF 45/2004.
Connection between the Existential Minimum and the Superinvite Law
The Superindebtedness Act (Law No. 14,181/2021) strengthens safeguards for the basic needs of consumers by ensuring that debts do not hinder essential resources for survival.
When renegotiating a debt, it is important to make sure that the person is able to support themselves and their family.
This law safeguards consumer dignity and encourages responsible access to the consumer market, fostering financial inclusion.
Ensuring the dignity of individuals
The existential minimum demonstrates the State’s utmost dedication to upholding human dignity.
It is more than a legal idea; it serves as a crucial foundation for social fairness and safeguarding those who are most at risk.
Legal professionals and legislators need to have a thorough understanding of this principle to ensure its effective application, which promotes the common good and upholds the rule of law in a democratic society.
Does the basic minimum existence eliminate the option of a reserve clause?
The basic minimum of existence must not be jeopardized by the potential reserve, as it safeguards the fundamental rights essential for upholding human dignity.
What does the existential minimum principle entail?
Fundamental rights guarantee essential conditions for a decent life, including health, nutrition, shelter, and education, safeguarding individuals from violations of their dignity.
What is the present amount of the basic minimum requirement?
The current existential minimum is R$ 600 per month, as set by Decree no. 11.567/2023.
